Local Government and Housing Act 1989

Valid from 07/10/1993

73 Authorities acting jointly and by committees. E+W

(1) In any case where—

(a) apart from this section a company would not be under the control of anyone local authority, but

(b) if the actions, powers and interests of two or more local authorities weretreated as those of one authority alone, the company would be under thecontrol of that one authority,

the company shall be treated for the purposes of this Part as under thecontrol of each of the two or more local authorities mentioned in paragraph(b) above.

(2) In any case where, apart from this section, a company would not be treatedas being subject to the influence of any one local authority, it shall betreated as being subject to the influence of each of a number of localauthorities (in this section referred to as a “group") if the conditionsin subsection (3) below are fulfilled with respect to the company and thegroup of authorities.

(3) The conditions referred to in subsection (2) above are—

(a) that at least one of the conditions in paragraphs (a) to (e) of subsection(3) of section 69 above would be fulfilled—

(i) if any reference therein to the company being under the control of a localauthority were a reference to its being under the control of any one of theauthorities in the group or of any two or more of them taken together; and

(ii) if any other reference therein to the local authority were a reference toany two or more of the authorities in the group taken together; and

(b) that at least one of the conditions in paragraphs (a) to (c) of subsection(1) of section 69 above would be fulfilled if any reference therein to thelocal authority were a reference to those local authorities who are taken intoaccount under sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) abovetaken together; and

(c) that if the condition (or one of the conditions) which would be fulfilledas mentioned in paragraph (b) above is that in subsection (1)(a) of section69 above, then, so far as concerns each local authority in the group, at leastone person who, in terms of subsection (5) of that section, is associated withthat authority has the right to vote at a general meeting of the company; and

(d) that, if paragraph (c) above does not apply, then, so far as concerns eachlocal authority in the group, a person who, in terms of section 69(5) above,is associated with the authority is a director of the company.

(4) For the purposes of this Part, anything done, and any power exercisable,by a committee or sub-committee of a local authority, or by any of theauthority’s officers, shall be treated as done or, as the case may be,exercisable by the authority.

(5) For the purposes of this Part, anything done, and any power exercisable,by a joint committee of two or more local authorities or by a sub-committeeof such a joint committee shall be treated as done or, as the case may be,exercisable by each of the local authorities concerned.